Texas 2023 - 88th Regular

Texas House Bill HB4282 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New	Differences
1	1	88R24368 BEF-F
2	2	By: Longoria H.B. No. 4282
3	3	Substitute the following for H.B. No. 4282:
4	4	By: Smithee C.S.H.B. No. 4282
5	5
6	6
7	7	A BILL TO BE ENTITLED
8	8	AN ACT
9	9	relating to the confidentiality of certain information maintained
10	10	by state licensing agencies.
11	11	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
12	12	SECTION 1. Section 552.1176, Government Code, is amended by
13	13	amending Subsection (a) and adding Subsections (d) and (e) to read
14	14	as follows:
15	15	(a) Information maintained under Chapter 81 is confidential
16	16	and may not be disclosed to the public under this chapter if the
17	17	information:
18	18	(1) is a license application; or
19	19	(2) [that] relates to the home address, home telephone
20	20	number, electronic mail address, social security number, [or] date
21	21	of birth, driver's license number, state identification number,
22	22	passport number, emergency contact information, or payment
23	23	information of an individual [a person] licensed to practice law in
24	24	this state [that is maintained under Chapter 81 is confidential and
25	25	may not be disclosed to the public under this chapter if the person
26	26	to whom the information relates:
27	27	[(1) chooses to restrict public access to the
28	28	information; and
29	29	[(2) notifies the State Bar of Texas of the person's
30	30	choice, in writing or electronically, on a form provided by the
31	31	state bar].
32	32	(d) Subsection (a) does not make confidential or except from
33	33	required public disclosure the name, state bar identification
34	34	number, membership class, or eligibility to practice law of an
35	35	applicant for a license, a license holder, or an individual who
36	36	previously held a license.
37	37	(e) To the extent of any conflict, this section prevails
38	38	over another law that authorizes or requires the release of
39	39	information maintained by the State Bar of Texas.
40	40	SECTION 2. Subchapter C, Chapter 552, Government Code, is
41	41	amended by adding Section 552.11765 to read as follows:
42	42	Sec. 552.11765. CONFIDENTIALITY OF CERTAIN INFORMATION
43	43	MAINTAINED BY STATE LICENSING AUTHORITY. (a) In this section,
44	44	"license" means a license, certificate, registration, permit, or
45	45	other authorization that:
46	46	(1) is issued by a governmental body described by
47	47	Section 552.003(1)(A)(i); and
48	48	(2) an individual must obtain to practice or engage in
49	49	a particular business, occupation, or profession.
50	50	(b) Except as provided by Subsections (c) and (d),
51	51	information maintained by a governmental body described by Section
52	52	552.003(1)(A)(i) is confidential and excepted from the
53	53	requirements of Section 552.021 if the information:
54	54	(1) is a license application; or
55	55	(2) relates to the home address, home telephone
56	56	number, electronic mail address, social security number, date of
57	57	birth, driver's license number, state identification number,
58	58	passport number, emergency contact information, or payment
59	59	information of:
60	60	(A) an applicant for a license issued by the
61	61	governmental body;
62	62	(B) an individual who holds a license issued by
63	63	the governmental body; or
64	64	(C) an individual who previously held a license
65	65	issued by the governmental body.
66	66	(c) Subsection (b) does not make confidential or except from
67	67	required public disclosure the name, license number, or license
68	68	status of an applicant for a license, a license holder, or an
69	69	individual who previously held a license.
70	70	(d) For a license issued under Chapter 42, 43, 103, or 161,
71	71	Human Resources Code, or Chapter 142, 242, 247, 248A, 250, or 252,
72	72	Health and Safety Code, Subsection (b) does not prohibit the
73	73	disclosure of:
74	74	(1) the last four digits of the social security number
75	75	of a license holder in connection with a verification of
76	76	employability or an employee misconduct registry search provided by
77	77	the Health and Human Services Commission;
78	78	(2) a home address where activity regulated by the
79	79	licensing authority occurs; or
80	80	(3) an e-mail address or phone number associated with
81	81	activity regulated by the licensing authority.
82	82	(e) To the extent of any conflict, this section prevails
83	83	over another law that authorizes or requires the release of
84	84	information maintained by a governmental body.
85	85	SECTION 3. Subchapter D, Chapter 507, Occupations Code, is
86	86	amended by adding Section 507.161 to read as follows:
87	87	Sec. 507.161. CONFIDENTIALITY OF HOME ADDRESS AND TELEPHONE
88	88	NUMBER. Except as provided by Section 507.160(d), the home address
89	89	and telephone number of a license holder are confidential and not
90	90	subject to disclosure under Chapter 552, Government Code.
91	91	SECTION 4. Section 552.1176(b), Government Code, is
92	92	repealed.
93	93	SECTION 5. The changes in law made by this Act apply only to
94	94	a request for public information received by a governmental body,
95	95	including the State Bar of Texas, or an officer for public
96	96	information on or after the effective date of this Act.
97	97	SECTION 6. This Act takes effect September 1, 2023.